Case Brief That Was Based On The Case Bruhn V. Smith, 1993 - 275 Words

Case Brief That Was Based On The Case Bruhn V. Smith, 1993 (Other (Not Listed) Sample) Content: Bruhn v. Smith, 1993 Case Brief NameInstitutionBruhn v. Smith, 1993 Case Brief Facts: On May 5, 1910, a 14 year-old Justin R. Bruhn slipped and fell on a rock in an abandoned quarry that was owned by L.B. Smith Company. Justin and his companion did not have permission to be there and the owner has put up no trespassing sign at different locations of the quarry. Justin suffered a fractured pelvis and he stayed in the hospital for several months. Justins family brought a suit against Smith for negligence and failure to ensure that the property is kept in a safe manner. Procedural History: A lower court ruled in favor of Justins family (plaintiffs). Smith appealed the case and the case was taken to the Supreme Court.Issue: Should Justin have known that going into the quarry involved unreasonable risk that could cause serious bodily harm? Holding: The Supreme Court affirmed that the plaintiff (Justin) should have known the risk of going into the quarry and so the Smith Co mpany cannot be liable of negligence. Reasoning: The Court argued that the defendant is not legally liable for Justins wellbeing because the company could not have known that he would trespass the property. The court also argued that a defendant is not liable or do not owe a legal duty where the involved parties are aware or recognize the risk. Liability of a d...